Chris Rea, suspended Kingston fire chief, appeals dismissal of his lawsuit against city

KINGSTON, N.Y. -- Suspended Kingston Fire Chief Chris Rea has appealed a court's dismissal of his lawsuit against the city.

Rea's attorney, Ronald Dunn, said on Friday that the appeal was filed on Dec. 13 with the state Supreme Court's Appellate Division. A state Supreme Court justice dismissed the suit last month, saying Rea did not take the legal action in time. The judge did not comment on the merits of the suit.

The suit seeks to have Rea put back on the city payroll and be cleared of disciplinary charges against him, including one that alleges he used a city computer to access sexually explicit material on the Internet.

"We remain very confident that we will ultimately get Chris Rea his back pay," Dunn said in an email. "The law is quite clear that a municipality may not unilaterally remove an employee without charges and a hearing. When Kingston removed Chris in February 2012, it provided neither.

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"It took a court proceeding to force the City to charge Rea," Dunn added. "As soon as the charges were filed, Rea commenced a proceeding seeking to dismiss the charges and reinstate him, consistent with Civil Service Law. At no point did Rea delay."

Rea was suspended without pay on Feb. 9 and filed what's known as an Article 78 lawsuit on Aug. 30. The suit was dismissed on Nov. 21 by state Supreme Court Justice Henry F. Zwack, who said Rea did not act within four months of his suspension, as required by law in such cases.

Kingston Mayor Shayne Gallo, who suspended Rea less than a month after appointing him chief, has said the city will press ahead with the disciplinary charges.

In February, Gallo cited only "time in attendance" issues in explaining his suspension of Rea. Other allegations, including the one about sexually explicit materials on the Internet, weren't revealed until months later. The city at that time also alleged Rea put in for both city and state pay for hours he worked teaching a state firefighter training course.

Dunn, in a written response to the city's disciplinary charges, which date to 2006, wrote that, under state Civil Service Law, "no removal or disciplinary proceeding shall commence more than 18 months after the occurrence of the alleged incompetence or misconduct complained of and described in charges."

Gallo has said his administration believes some of the alleged wrongdoing, including the double-dipping, was a "continuing fraud" and that the charges were made and filed properly.

Rea was promoted from assistant fire chief to chief in late January after Chief Richard Salzmann announced his retirement.

Salzmann's retirement quickly was clouded by Gallo saying he was asking the Ulster County District Attorney's Office to investigate the longtime chief over "time in attendance" issues.

The DA's office since then has not announced any findings of criminal wrongdoing by either Salzmann or Rea.